Family · Common-Law Marriage

Common-Law Marriage in Illinois

Whether Illinois lets a couple become married without a license, whether it honors a common-law marriage formed elsewhere, the elements that count, and why the seven-year rule is a myth. Cited to the statute or controlling law.

Official statuteRead word-for-word

against 750 ILCS 5/214 · ilga.gov

Read from the official source · Jul 17, 2026How we verify →

Is common-law marriage valid? · Illinois

In Illinois you cannot become married just by living together. Common-law marriages contracted in Illinois after June 30, 1905 are invalid, but Illinois honors a valid out-of-state one.

Not recognized

Recognized?Not recognized

StatusVoid since 1905

Statute750 ILCS 5/214

The rules and exceptions in Illinois

Whether you can form one here, whether a marriage from another state is recognized, and the elements that actually matter.

The rule in this state	What it means
No new common-law marriage	Under 750 ILCS 5/214, common-law marriages contracted in Illinois after June 30, 1905 are invalid. Any Illinois common-law marriage from July 1, 1905 onward is void.
The "7 years" myth	No length of cohabitation creates a marriage in Illinois. The seven-year belief is a myth, and Illinois was one of the earliest states to abolish common-law marriage.
Limited fallback for unmarried couples	Unmarried partners have limited remedies. Illinois courts were long restrictive about cohabitation-based property claims, though recent case law has softened this for contract claims, which are separate from marriage.

Exceptions and details	What it means
Out-of-state marriage is recognized	Illinois recognizes a common-law marriage validly formed in another state under comity. A couple who became informally married in Texas, or common-law married in Colorado, and then moved to Illinois stays legally married for divorce, maintenance, and inheritance.
The claimant must prove it	The person asserting the marriage must prove it met the originating state’s requirements, such as agreement, cohabitation, and holding out.

The comity point matters most

For couples who moved to Illinois, the deciding fact is that Illinois recognizes a common-law marriage validly formed elsewhere. If yours was valid where you formed it, Illinois treats you as married even though it creates none of its own.

In plain words

A quick key to the legal terms used on this page.

Comity

One state choosing to respect and honor another state’s law or court order.

What you can do right now

Concrete, neutral steps to confirm your marital status in Illinois. This is legal information, not legal advice.

Do not assume cohabitation makes you married
Illinois creates no common-law marriage. Without a licensed marriage or a valid out-of-state one, you are not spouses in Illinois, however long you have lived together.
If you moved from a recognizing state, you may be married
A common-law marriage validly formed in Texas, Colorado, or another allowing state is recognized in Illinois under comity. Keep records that prove the marriage met that state’s rules.
Prove an out-of-state marriage
To be treated as married in Illinois, you must show the marriage was valid where formed. Gather evidence of the agreement, cohabitation, and holding out in that state.
Talk to an Illinois family lawyer about status
Recognition of an out-of-state marriage is fact-specific. A licensed Illinois family attorney can assess it for divorce or inheritance. The State Bar can refer you to one.

Find a lawyer in Illinois

Whether a common-law marriage exists or is recognized turns on specific facts and dates. This resource can connect you with a licensed family attorney who can assess it.

→ Illinois State Bar · Illinois Lawyer Finder

This is general legal information, not legal advice. The elements, the dates, and out-of-state recognition can change the answer, so confirm your status with a licensed attorney.

What people get wrong about Illinois common-law marriage

Illinois abolished common-law marriage more than a century ago and has recognized none formed in the state since. Under 750 ILCS 5/214, common-law marriages contracted in Illinois after June 30, 1905 are invalid, so any purported Illinois common-law marriage from July 1, 1905 onward is void. As everywhere, the seven-year rule is a myth; no amount of time living together creates a marriage. The fact that decides most real cases is comity. Illinois recognizes a common-law marriage validly formed in another state that allows one, so a couple who became informally married in Texas or common-law married in Colorado and then moved to Illinois stays legally married for divorce, maintenance, and inheritance. The person claiming the marriage must prove it met the originating state’s requirements. If you never married and never formed a valid one elsewhere, Illinois gives you no automatic spousal rights, though contract-based remedies for shared property may be available and have expanded somewhat in recent case law.

Common questions

Does Illinois recognize common-law marriage?

Not new ones. Under 750 ILCS 5/214, common-law marriages contracted in Illinois after June 30, 1905 are invalid. But Illinois recognizes a common-law marriage validly formed in a state that allows one.

Is there a seven-year rule in Illinois?

No. No length of cohabitation creates a marriage in Illinois. Only a licensed marriage, or a valid out-of-state marriage, makes a couple legally married.

We were common-law married in another state and moved to Illinois. Are we married?

Generally yes. Illinois recognizes a common-law marriage validly formed in a state that allows one under comity, for divorce, maintenance, and inheritance. You must prove it met that state’s requirements.

What rights do unmarried couples have in Illinois?

Limited ones. Partners who never married have no automatic spousal rights, though contract-based property remedies have expanded somewhat in recent Illinois case law. Those are separate from marriage.

Primary source

→ 750 ILCS 5/214

Illinois General Assembly · 750 ILCS 5/214 · ilga.gov

Cholilurrohman
Every figure on this page is checked line-by-line against the current statute. Editorial standards →

Not legal advicePlainStatute provides plain-language summaries of public law for general information only. This is not legal advice. Statutes change; always confirm current requirements with the official source linked above before acting.

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